Brand v. Union Elevated Railroad

It is with no little hesitation that I record my disagreement with the decision of this case. I am equally averse to overturning established rules of law and substituting uncertainty for certainty, but cannot concur in what I do not understand to be an established rule for the ascertainment of damages to property resulting from a public use. If my disagreement should amount to a confession of want of perception, it is nevertheless a fact that I have not regarded the decisions as establishing a rule so unfair to the citizen and advantageous to the authority invested with the power to take and…